Transfer of Arms and Ammunition (USML Cat I-III) to Commerce
In 2020, the Trump administration put into implementation regulations that changed control of export of certain semi-automatic (and non-automatic) firearms and their ammunition and accessories by transferring them from Categories I - III of the United States Munitions List (USML) to the Commerce Control List. While goods on the USML require a notification to Congress before export and their transfer is overseen by the U.S. Department of State, items on the Commerce Control List do not require Congressional notification and fall under the purview of the U.S. Department of Commerce, whose export requirements are typically seen as less strict.
During the 2020 presidential campaign, Joe Biden promised to keep these weapons under State Department control but has not taken action as President to return them to the USML. On June 1, 2022, the Commerce Department published a rule that would provide Congressional notification for semi-automatic weapons, that went into effect July 18. In April 2024, The Department of Commerce released an interim final rule revising firearms export regulations, to be effective on May 30.
Some of the concerns expressed about these changes are the possibility of U.S. weapons ending up in the hands of unintended users, decreased transparency and loss of Congressional oversight in the arms trade (partially restored as of July 2022), and erosion of norms. See more detailed and specific analysis in the resources below.
Licenses
In the final quarter of 2023, the Commerce Department's Bureau of Industry and Security (BIS) released data that indicates that since the regulatory change went into effect on March 9, 2020 to June 30, 2023, it has processed a total of 26,422 licenses, approving 24,741 of them (for a 93.6% approval rate) with a total approval value of $34.7 billion. By calculations performed by the Forum on the Arms Trade, that averages to approximately $10.5 billion per year.
In just the past two years (July 1, 2021-June 30, 2023), the Commerce Department has issued roughly 13,400 licenses valued at $19 billion, averaging $9.5 billion per year
(The above two-year figures were calculated using the difference between reports issued in 2021 covering the period of March 9, 2020 to June 30, 2021, that said "BIS has processed a total of 11,967 licenses for a total value of $16.9 billion... BIS has approved a total of 11,322 license applications for a value of $15.7 billion and the approval rate is 94.6%.")
By comparison, a 2019 GAO report examining five years of State Department oversight found an average license approval value of approximately $9 billion per year. This value includes some weapons that have not since been transferred to the Commerce Control List.
During the 2020 presidential campaign, Joe Biden promised to keep these weapons under State Department control but has not taken action as President to return them to the USML. On June 1, 2022, the Commerce Department published a rule that would provide Congressional notification for semi-automatic weapons, that went into effect July 18. In April 2024, The Department of Commerce released an interim final rule revising firearms export regulations, to be effective on May 30.
Some of the concerns expressed about these changes are the possibility of U.S. weapons ending up in the hands of unintended users, decreased transparency and loss of Congressional oversight in the arms trade (partially restored as of July 2022), and erosion of norms. See more detailed and specific analysis in the resources below.
Licenses
In the final quarter of 2023, the Commerce Department's Bureau of Industry and Security (BIS) released data that indicates that since the regulatory change went into effect on March 9, 2020 to June 30, 2023, it has processed a total of 26,422 licenses, approving 24,741 of them (for a 93.6% approval rate) with a total approval value of $34.7 billion. By calculations performed by the Forum on the Arms Trade, that averages to approximately $10.5 billion per year.
In just the past two years (July 1, 2021-June 30, 2023), the Commerce Department has issued roughly 13,400 licenses valued at $19 billion, averaging $9.5 billion per year
(The above two-year figures were calculated using the difference between reports issued in 2021 covering the period of March 9, 2020 to June 30, 2021, that said "BIS has processed a total of 11,967 licenses for a total value of $16.9 billion... BIS has approved a total of 11,322 license applications for a value of $15.7 billion and the approval rate is 94.6%.")
By comparison, a 2019 GAO report examining five years of State Department oversight found an average license approval value of approximately $9 billion per year. This value includes some weapons that have not since been transferred to the Commerce Control List.
"The Department of State (State) reviewed approximately 69,000 commercial export license applications for firearms, artillery, and ammunition valued at up to $45.4 billion during fiscal years 2013 to 2017. About two-thirds of these applications were for firearms, and the majority involved the export of nonautomatic and semi-automatic firearms, which are among the items proposed for transfer from State to Department of Commerce (Commerce) control."
Exports
According to the 2023 BIS reports, from March 9, 2020 to June 30, 2023, U.S. exports of these items were valued at $3.1721 billion and exported via 102,742 shipments. By calculations performed by the Forum on the Arms Trade, that averages to approximately $959 million per year.
In just the past two years (July 1, 2021-June 30, 2023), the value of exports is roughly $2.21 billion, averaging $1.1 billion per year.
(The above two-year figures were calculated using the difference between 2021 BIS reports, which indicated that from March 9, 2020 to June 30, 2021, U.S. exports of these items "...under BIS jurisdiction totaled 39,626 shipments with a shipped value of $961.7 million.")
The export data released in 2023 did not provide a destination list specific to these exports. The 2021 report, did, however.
(See below and click table to be taken to the 2021 report. Note: there appears to be an error in the text portion of this report saying the data is through May 11, but we believe that is an accidental text holdover from an earlier report and not reflective of the actual end date of the data. The rest of the report using June 30, as does the corresponding table.)
According to the 2023 BIS reports, from March 9, 2020 to June 30, 2023, U.S. exports of these items were valued at $3.1721 billion and exported via 102,742 shipments. By calculations performed by the Forum on the Arms Trade, that averages to approximately $959 million per year.
In just the past two years (July 1, 2021-June 30, 2023), the value of exports is roughly $2.21 billion, averaging $1.1 billion per year.
(The above two-year figures were calculated using the difference between 2021 BIS reports, which indicated that from March 9, 2020 to June 30, 2021, U.S. exports of these items "...under BIS jurisdiction totaled 39,626 shipments with a shipped value of $961.7 million.")
The export data released in 2023 did not provide a destination list specific to these exports. The 2021 report, did, however.
(See below and click table to be taken to the 2021 report. Note: there appears to be an error in the text portion of this report saying the data is through May 11, but we believe that is an accidental text holdover from an earlier report and not reflective of the actual end date of the data. The rest of the report using June 30, as does the corresponding table.)
The rule change was first released for public comment in 2018.
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Forum-listed experts to contact on this subject include John Lindsay-Poland, Jeff Abramson, William Hartung, Rachel Stohl, Colby Goodman. Additional experts suggested include Kristen Rand at the Violence Policy Center, Susan Waltz emeritus at the University of Michigan.
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Forum-listed experts to contact on this subject include John Lindsay-Poland, Jeff Abramson, William Hartung, Rachel Stohl, Colby Goodman. Additional experts suggested include Kristen Rand at the Violence Policy Center, Susan Waltz emeritus at the University of Michigan.
Timeline
2024
July 17: Senator Warren and Representative Joaquin Castro made public their July 1 letter to the Secretary of Commerce in which they "applaud and appreciate" the steps taken by the Department and also say the "rule falls short in three key ways..." (see letter, press release, media). Two days prior, the Center for American Progress released an important report on firearms export policy.
July 9: S.4647 was introduced, "A bill to require the transfer of regulatory control of certain munitions exports from the Department of Commerce to the Department of State, and for other purposes" - the Senate version of the ARMAS Act (see June 21).
July 1, 35 organizations sent a letter to Congressional leaders expressing support for the Commerce Departments new rules and offering suggested improvements, while expressing belief that these should still be regulated under the USML overseen by the State Department.
June 21: five Senate Democrats announced they would introduce the ARMAS Act in the Senate.
April 26: The Department of Commerce released an interim final rule revising firearms export regulations, to be effective on May 30. Amongst changes are the creation of additional category numbers to better track semiautomatic weapons exports, a reduction of the general license period to one year (down from four years), consideration of additional risk factors in licensing decisions, presumption of denial of licenses to nongovernment end-users for select countries (36), and some additional document requirements in certain cases. (rule, press release, State Department guidance-dated April 8) (See also Congressional Research Service "In Focus" report, May 29)
January 23: Senators Warren and Durbin and Representatives Joaquin Castro and Norma Torres sent a letter to Commerce Secretary Raimondo with an array of recommendations to "to strengthen export controls and end-use checks and to crack down on unnecessary export promotion of weapons used in brutal killings abroad." (text, press release)
2023
December 6, 2023: the Americas Regional Monitoring of Arms Sales (ARMAS) Act was introduced (text, status, release), which includes measures to return firearms export oversight to the State Department. Also, a letter from more than fifty organizations to President Biden with a similar call was delivered (dated December 4, updated December 11).
October 27, 2023: The Commerce Department announced (see text) it "is pausing for approximately 90 days the issuance of new export licenses involving certain firearms, related components, and ammunition under its jurisdiction and the provision of new export assistance activities for such products to all non-governmental end users worldwide." The pause does not apply to "Ukraine, Israel, or a country in Country Group A:1 (Wassenaar Arrangement Participating States)" See Wassenaar participating states Group A as defined in Supp. No. 1 to part 740 of the EAR, which excludes Malta, Russia, and Ukraine. See also statement from Stop US Arms to Mexico that examines the scope of this action (October 30).
September 11, 2023: Sixty-eight (68) members of Congress sent a letter (text, release) to President Biden encouraging the use of executive action to address gun violence, including a recommendation to: "Transfer authority over assault rifle export controls back to the State Department from the Commerce Department."
September 7, 2023: Four members of Congress (Senator Elizabeth Warren, Representatives Joaquin Castro, Norma Torres, and Dan Goldman) sent a follow-up letter (text, release) to their unanswered September 2022 letter to the Commerce Secretary, writing "Assault weapons are clearly being exported with Commerce’s approval and then used to murder civilians abroad, and Commerce owes the public a full accounting of its role."
February 23, 2023: The Biden administration issued a new conventional arms transfer policy that explicitly notes that certain items on the Commerce Control List are covered by that policy. In briefings, it was made relatively clear that this includes firearms transferred to Commerce control. (See separate resource.)
2022
September 28, 2022: Four members of Congress (Senators Elizabeth Warren and Chris Murphy, Representatives Joaquin Castro and Norma Torres) sent a letter (text, release) to the Commerce Secretary expressing "grave concern about Commerce Department actions that have weakened oversight of assault weapon and high-capacity magazine exports.."
August 24, 2022: A coalition letter signed by four dozen groups with more than 30 recommendation to new U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives Director Dettelbach included "Work with the Departments of State and Commerce to return complete oversight of US exports of small arms to the State Department."
July 19, 2022: During a House Foreign Affairs Committee hearing, Alan Estevez, Under Secretary for Industry and Security at the Department of Commerce, took questions on firearms export policy. Rep. Joaquin Castro raised concerns about increased licenses and harm, especially in Mexico and Latin America, and said that new Congressional notification provisions were not sufficient. (See video, 41:40-45:45.) Rep. Andy Levin raised human rights concerns, arguing that Commerce licenses assault weapons to counties with abysmal human rights records, including Saudi Arabia, Brazil, and the Philippines. (See video 1:13:40-1:15:00 and 1:15:45-1:16:05.)
July 18, 2022: The Commerce Department rule for providing some Congressional notification on pending license was to enter into effect. (See June 1, below)
July 14, 2022: The House approved its version of the National Defense Authorization Act (NDAA) for fiscal year 2023, including an amendment originally offered by Rep. Norma Torres (D-California). If retained in a eventual final version of the NDAA, the provision would follow earlier Congressional notification provisions for resolutions of disapproval and for licenses at $1 million or more for items that had been previously been on USML category I (firearms).
During a Senate Banking Committee hearing, Estevez confirmed to Senator Menendez that new Congressional notification rule (see June 1) does not provide for the same authorities for Congress to block licenses as are available to items under the Arms Export Control Act, and that he was unaware of any actions by the Biden administration to return the weapons to the USML. (See video,1:12:15-1:15:05.) At the same hearing, Senator Warren questioned the increase in licenses under Commerce control, sales to Mexico and the Philippines, as well as consistency with the Biden administration's call for an assault weapons ban. (See video,1:18:03-1:23:05.)
June 1, 2022: The Commerce Department published a rule indicating that Congressional notification will be provided to Congress when the interagency review process has led to a recommendation to approve, but licenses have not been issued, for certain countries that "includes $4 million or more of semiautomatic firearms controlled by ECCN 0A501.a"... "which is an equivalent annual average of $1 million in potential exports per year during the validity period of the license."
February 23, 2022: A group of 43 organizations included the recommendation "Reverse the Trump Administration rule shifting oversight of gun exports — including technical data for 3D-printed guns — to the Commerce Department and return firearm exports to the U.S. Munitions List " in a letter to President Biden.
2021
December 2021: The amendment to the NDAA that would have required Congressional notification before licenses could be issued was not included in the final NDAA (see below).
September 23, 2021: An amendment to the NDAA was included (by a vote of 215 to 213) in the House version of the National Defense Authorization Act (NDAA). It requires Congressional notification before licenses could be issued for the weapons that had previously been on the US Munitions List. The House passed the NDAA shortly thereafter.
September 14, 2021: Four U.S. Senators sent a letter to Secretary of State Blinken expressing concern about the lack of Congressional notification on firearms transferred to Mexico and possible misuse by police forces there, amongst other issues. (See also press release from Stop US Arms to Mexico.)
June 1, 2021: Oversight of software and technical data related to 3-D printing of firearms or components was transferred to the Commerce Department (Export Administration Regulations) - see Federal register and permalink
May 13, 2021: Commerce Department guidance as of this date providing "FAQs for the Commerce Categories I-III (final rule)" indicates that the Department would have a policy of denial for online posting of 3D gun printing technology and software (see pages 17-23). (Note: as of this date, those were not yet under Commerce lead oversight, but still remained on the US Munitions List [USML], as the 9th Circuit court case still had not been fully dismissed -- see p.4.)
May 4, 2021: Regarding 3D gun printing plans, members of the House Gun Violence Prevention Task Force wrote a letter to President Biden calling for him to "reverse the Trump State Department’s regulations and keep the technical data on the USML."
April 27, 2021: A divided US 9th Circuit panel recommended lifting a court order that had prevented export oversight on 3D gun printing plans from moving to the Commerce Department. (Note: until the court fully dismisses the case, such a change is prevented.)
April 19, 2021: Senator Bob Menendez (D-N.J.), Chairman of the Senate Foreign Relations Committee, Patrick Leahy (D-Vt.), Chairman of the Senate Appropriations Committee, and Dianne Feinstein (D-Calif.) issued a letter calling on President Biden to restore the "export control of semiautomatic assault-style and sniper rifles to State."
April 8, 2021: Senator Bob Menendez (D-N.J.) calls for restoration of State Department oversight.
March 7, 2021: An examination of data by John Lindsay-Poland finds that the number of semi-automatic pistol exports from the United States more than doubled in 2020, growing by 148% compared to 2019. (See also related op-ed March 12.)
2020
November 17, 2020: A group of more than 85 gun violence prevention organizations included reversing the rule in their recommendations for the Biden administration.
In July 2020: Rep. Norma Torres introduced an amendment to the National Defense Authorization Act requiring Congressional notification be retained on firearms moved over to Commerce and 45 organizations sent a letter to Congress supporting efforts to do so. The amendment was not ruled in order.
March 9. 2020: Rules enter into implementation (except on 3D printing plans)
March 6, 2020: A temporary injunction barring the transfer of 3D printing plans to Commerce was issued.
March 4, 2020: A diverse group of civil society organizations sent a new letter to Congress opposing the changes.
January 23, 2020: The Federal Register published final rules (Commerce, State) effective March 9, 2020.
January 20, 2020: Washington state attorney general announces a multi-state lawsuit will be pursued to challenge the changes.
January 17, 2020: The Federal Register put online final rules, indicating that they would be officially published on January 23.
2019
December 10, 2019: Senator Menendez again requested a hold be placed on the rules (see letter). 31 organizations called for rejecting the NDAA in part because the provision was not retained.
December 9, 2019: The conference version of the National Defense Authorization Act did not retain the amendment that would prohibit changes to firearms export rules (see conference report and expert reaction). [The conference version is later approved by Congress.]
November 13, 2019: Text was made available to Congress (State, Commerce), starting a 30 day review period under AECA 38(f) (see Congressional record). The main change is creation of regulation of 3D printing under the Commerce Department.
November 12, 2019: Officials met with Congressional staff indicating plans to move forward. Rep Ami Bera (D-CA) responded with concerns.
November 7, 2019: Media reports indicated that the Trump administration decided to move these rules forward. See expert quotes, further below, for reaction.
October 24, 2019: 44 organizations delivered a letter calling for retention of this amendment in the NDAA, along with many others.
July 12, 2019: The House passed the full NDAA by a vote of 220 to 197.
July 11, 2019: The House added an amendment (#10) to the NDAA, which would block these changes, by a vote of 225 to 205. (See expert reaction further below.)
May 14, 2019: More than 100 organizations sent a letter to Congress opposing the changes.
March 26, 2019: A hearing on this topic took place in House Foreign Affairs Subcommittee on Oversight and Investigations. Written testimony is available from Susan Waltz (pdf) and Jeff Abramson (pdf) and video available on the committee's website.
March 5, 2019: the Forum on the Arms Trade hosted a press briefing with Congressmembers Norma Torres and Jim McGovern, Kris Brown (Brady), Jeff Abramson (Arms Control Association), Kristen Rand (Violence Policy Center) and John Lindsay-Poland (Project to Stop US Arms to Mexico) to discuss concerns and efforts related to the proposed changes. Audio and additional information available here.
February 26, 2019: Senator Bob Menendez (D-N.J.) requested a hold on the new rules (pdf).
February 12, 2019: Senators Menendez (D-N.J.), Ranking Member of the Senate Foreign Relations Committee, Chris Murphy (D-Conn.), Ed Markey (D-Mass.), Ben Cardin (D-Md.), Dianne Feinstein (D-Ca.) in introduced the Stopping the Traffic in Overseas Proliferation of Ghost Guns Act (status, text), which also prohibits the changes.
February 9, 2019: Norma J. Torres (D-CA) and Eliot L. Engel (D-NY), Chairman of the House Foreign Affairs Committee introduced H.R. 1134, the Prevent Crime and Terrorism Act (status, text), that would prohibit the President from removing any items from the United States Munitions List. Torres and Engel were joined in introducing the bill by original co-sponsors Representatives David N. Cicilline (D-RI), Ted Deutch (D-FL), Robin L. Kelly (D-IL), Alan S. Lowenthal (D-CA), and Jim McGovern (D-MA).
February 4, 2019: Congress was notified of final rules (see "Government," below), starting a 30-day review clock after which final rules could be officially published.
2018
July 9, 2018: Comment period closes.
May 24, 2018: Changes are published in the Federal Register on May 24 - Commerce version, State Department version).
May 14, 2018: Changes are first released for public comment.
Jan 10, 2018: Rep. Norma J. Torres (D-CA) introduced H.R. 4765, the Prevent Crime and Terrorism Act of 2018. Rep. Eliot L. Engel (D-NY), the Ranking Member of the House Foreign Affairs Committee, is an original co-sponsor of the bill, along with Rep. James P. McGovern (D-MA), Rep. Jamie Raskin (D-MD), and Rep. Tulsi Gabbard (D-HI). According to Torres' press release, if the measure were to become law it would maintain current regulations governing the exportation of firearms, flame throwers, grenade launchers, and other military equipment.
September 15, 2017: Senators Cardin, Feinstein and Leahy sent a letter to Secretary of State Rex Tillerson expressing concerns about the possible transfer to Commerce control, and arguing that the effort should not proceed without Congressional input. Similar point were made by Senators at a Sept 26 hearing. After the DTAG meeting, some of the media to first cover the topic included the National Law Review blog (Sept 14), Reuters (Sept 19) and the Washington Post via a Josh Rogin op-ed (Sept 24).
September 8, 2017: The Defense Trade Advisory Group (DTAG) discussed the transfer of US Munitions List (USML) categories I-III to the Commerce Control List (CCL) in 2018. Categories I to III cover firearms, close assault weapons and combat shotguns (I), guns and armaments (II), and their ammunition/ordnance (III).
July 17: Senator Warren and Representative Joaquin Castro made public their July 1 letter to the Secretary of Commerce in which they "applaud and appreciate" the steps taken by the Department and also say the "rule falls short in three key ways..." (see letter, press release, media). Two days prior, the Center for American Progress released an important report on firearms export policy.
July 9: S.4647 was introduced, "A bill to require the transfer of regulatory control of certain munitions exports from the Department of Commerce to the Department of State, and for other purposes" - the Senate version of the ARMAS Act (see June 21).
July 1, 35 organizations sent a letter to Congressional leaders expressing support for the Commerce Departments new rules and offering suggested improvements, while expressing belief that these should still be regulated under the USML overseen by the State Department.
June 21: five Senate Democrats announced they would introduce the ARMAS Act in the Senate.
April 26: The Department of Commerce released an interim final rule revising firearms export regulations, to be effective on May 30. Amongst changes are the creation of additional category numbers to better track semiautomatic weapons exports, a reduction of the general license period to one year (down from four years), consideration of additional risk factors in licensing decisions, presumption of denial of licenses to nongovernment end-users for select countries (36), and some additional document requirements in certain cases. (rule, press release, State Department guidance-dated April 8) (See also Congressional Research Service "In Focus" report, May 29)
January 23: Senators Warren and Durbin and Representatives Joaquin Castro and Norma Torres sent a letter to Commerce Secretary Raimondo with an array of recommendations to "to strengthen export controls and end-use checks and to crack down on unnecessary export promotion of weapons used in brutal killings abroad." (text, press release)
2023
December 6, 2023: the Americas Regional Monitoring of Arms Sales (ARMAS) Act was introduced (text, status, release), which includes measures to return firearms export oversight to the State Department. Also, a letter from more than fifty organizations to President Biden with a similar call was delivered (dated December 4, updated December 11).
October 27, 2023: The Commerce Department announced (see text) it "is pausing for approximately 90 days the issuance of new export licenses involving certain firearms, related components, and ammunition under its jurisdiction and the provision of new export assistance activities for such products to all non-governmental end users worldwide." The pause does not apply to "Ukraine, Israel, or a country in Country Group A:1 (Wassenaar Arrangement Participating States)" See Wassenaar participating states Group A as defined in Supp. No. 1 to part 740 of the EAR, which excludes Malta, Russia, and Ukraine. See also statement from Stop US Arms to Mexico that examines the scope of this action (October 30).
September 11, 2023: Sixty-eight (68) members of Congress sent a letter (text, release) to President Biden encouraging the use of executive action to address gun violence, including a recommendation to: "Transfer authority over assault rifle export controls back to the State Department from the Commerce Department."
September 7, 2023: Four members of Congress (Senator Elizabeth Warren, Representatives Joaquin Castro, Norma Torres, and Dan Goldman) sent a follow-up letter (text, release) to their unanswered September 2022 letter to the Commerce Secretary, writing "Assault weapons are clearly being exported with Commerce’s approval and then used to murder civilians abroad, and Commerce owes the public a full accounting of its role."
February 23, 2023: The Biden administration issued a new conventional arms transfer policy that explicitly notes that certain items on the Commerce Control List are covered by that policy. In briefings, it was made relatively clear that this includes firearms transferred to Commerce control. (See separate resource.)
2022
September 28, 2022: Four members of Congress (Senators Elizabeth Warren and Chris Murphy, Representatives Joaquin Castro and Norma Torres) sent a letter (text, release) to the Commerce Secretary expressing "grave concern about Commerce Department actions that have weakened oversight of assault weapon and high-capacity magazine exports.."
August 24, 2022: A coalition letter signed by four dozen groups with more than 30 recommendation to new U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives Director Dettelbach included "Work with the Departments of State and Commerce to return complete oversight of US exports of small arms to the State Department."
July 19, 2022: During a House Foreign Affairs Committee hearing, Alan Estevez, Under Secretary for Industry and Security at the Department of Commerce, took questions on firearms export policy. Rep. Joaquin Castro raised concerns about increased licenses and harm, especially in Mexico and Latin America, and said that new Congressional notification provisions were not sufficient. (See video, 41:40-45:45.) Rep. Andy Levin raised human rights concerns, arguing that Commerce licenses assault weapons to counties with abysmal human rights records, including Saudi Arabia, Brazil, and the Philippines. (See video 1:13:40-1:15:00 and 1:15:45-1:16:05.)
July 18, 2022: The Commerce Department rule for providing some Congressional notification on pending license was to enter into effect. (See June 1, below)
July 14, 2022: The House approved its version of the National Defense Authorization Act (NDAA) for fiscal year 2023, including an amendment originally offered by Rep. Norma Torres (D-California). If retained in a eventual final version of the NDAA, the provision would follow earlier Congressional notification provisions for resolutions of disapproval and for licenses at $1 million or more for items that had been previously been on USML category I (firearms).
During a Senate Banking Committee hearing, Estevez confirmed to Senator Menendez that new Congressional notification rule (see June 1) does not provide for the same authorities for Congress to block licenses as are available to items under the Arms Export Control Act, and that he was unaware of any actions by the Biden administration to return the weapons to the USML. (See video,1:12:15-1:15:05.) At the same hearing, Senator Warren questioned the increase in licenses under Commerce control, sales to Mexico and the Philippines, as well as consistency with the Biden administration's call for an assault weapons ban. (See video,1:18:03-1:23:05.)
June 1, 2022: The Commerce Department published a rule indicating that Congressional notification will be provided to Congress when the interagency review process has led to a recommendation to approve, but licenses have not been issued, for certain countries that "includes $4 million or more of semiautomatic firearms controlled by ECCN 0A501.a"... "which is an equivalent annual average of $1 million in potential exports per year during the validity period of the license."
February 23, 2022: A group of 43 organizations included the recommendation "Reverse the Trump Administration rule shifting oversight of gun exports — including technical data for 3D-printed guns — to the Commerce Department and return firearm exports to the U.S. Munitions List " in a letter to President Biden.
2021
December 2021: The amendment to the NDAA that would have required Congressional notification before licenses could be issued was not included in the final NDAA (see below).
September 23, 2021: An amendment to the NDAA was included (by a vote of 215 to 213) in the House version of the National Defense Authorization Act (NDAA). It requires Congressional notification before licenses could be issued for the weapons that had previously been on the US Munitions List. The House passed the NDAA shortly thereafter.
September 14, 2021: Four U.S. Senators sent a letter to Secretary of State Blinken expressing concern about the lack of Congressional notification on firearms transferred to Mexico and possible misuse by police forces there, amongst other issues. (See also press release from Stop US Arms to Mexico.)
June 1, 2021: Oversight of software and technical data related to 3-D printing of firearms or components was transferred to the Commerce Department (Export Administration Regulations) - see Federal register and permalink
May 13, 2021: Commerce Department guidance as of this date providing "FAQs for the Commerce Categories I-III (final rule)" indicates that the Department would have a policy of denial for online posting of 3D gun printing technology and software (see pages 17-23). (Note: as of this date, those were not yet under Commerce lead oversight, but still remained on the US Munitions List [USML], as the 9th Circuit court case still had not been fully dismissed -- see p.4.)
May 4, 2021: Regarding 3D gun printing plans, members of the House Gun Violence Prevention Task Force wrote a letter to President Biden calling for him to "reverse the Trump State Department’s regulations and keep the technical data on the USML."
April 27, 2021: A divided US 9th Circuit panel recommended lifting a court order that had prevented export oversight on 3D gun printing plans from moving to the Commerce Department. (Note: until the court fully dismisses the case, such a change is prevented.)
April 19, 2021: Senator Bob Menendez (D-N.J.), Chairman of the Senate Foreign Relations Committee, Patrick Leahy (D-Vt.), Chairman of the Senate Appropriations Committee, and Dianne Feinstein (D-Calif.) issued a letter calling on President Biden to restore the "export control of semiautomatic assault-style and sniper rifles to State."
April 8, 2021: Senator Bob Menendez (D-N.J.) calls for restoration of State Department oversight.
March 7, 2021: An examination of data by John Lindsay-Poland finds that the number of semi-automatic pistol exports from the United States more than doubled in 2020, growing by 148% compared to 2019. (See also related op-ed March 12.)
2020
November 17, 2020: A group of more than 85 gun violence prevention organizations included reversing the rule in their recommendations for the Biden administration.
In July 2020: Rep. Norma Torres introduced an amendment to the National Defense Authorization Act requiring Congressional notification be retained on firearms moved over to Commerce and 45 organizations sent a letter to Congress supporting efforts to do so. The amendment was not ruled in order.
March 9. 2020: Rules enter into implementation (except on 3D printing plans)
March 6, 2020: A temporary injunction barring the transfer of 3D printing plans to Commerce was issued.
March 4, 2020: A diverse group of civil society organizations sent a new letter to Congress opposing the changes.
January 23, 2020: The Federal Register published final rules (Commerce, State) effective March 9, 2020.
January 20, 2020: Washington state attorney general announces a multi-state lawsuit will be pursued to challenge the changes.
January 17, 2020: The Federal Register put online final rules, indicating that they would be officially published on January 23.
2019
December 10, 2019: Senator Menendez again requested a hold be placed on the rules (see letter). 31 organizations called for rejecting the NDAA in part because the provision was not retained.
December 9, 2019: The conference version of the National Defense Authorization Act did not retain the amendment that would prohibit changes to firearms export rules (see conference report and expert reaction). [The conference version is later approved by Congress.]
November 13, 2019: Text was made available to Congress (State, Commerce), starting a 30 day review period under AECA 38(f) (see Congressional record). The main change is creation of regulation of 3D printing under the Commerce Department.
November 12, 2019: Officials met with Congressional staff indicating plans to move forward. Rep Ami Bera (D-CA) responded with concerns.
November 7, 2019: Media reports indicated that the Trump administration decided to move these rules forward. See expert quotes, further below, for reaction.
October 24, 2019: 44 organizations delivered a letter calling for retention of this amendment in the NDAA, along with many others.
July 12, 2019: The House passed the full NDAA by a vote of 220 to 197.
July 11, 2019: The House added an amendment (#10) to the NDAA, which would block these changes, by a vote of 225 to 205. (See expert reaction further below.)
May 14, 2019: More than 100 organizations sent a letter to Congress opposing the changes.
March 26, 2019: A hearing on this topic took place in House Foreign Affairs Subcommittee on Oversight and Investigations. Written testimony is available from Susan Waltz (pdf) and Jeff Abramson (pdf) and video available on the committee's website.
March 5, 2019: the Forum on the Arms Trade hosted a press briefing with Congressmembers Norma Torres and Jim McGovern, Kris Brown (Brady), Jeff Abramson (Arms Control Association), Kristen Rand (Violence Policy Center) and John Lindsay-Poland (Project to Stop US Arms to Mexico) to discuss concerns and efforts related to the proposed changes. Audio and additional information available here.
February 26, 2019: Senator Bob Menendez (D-N.J.) requested a hold on the new rules (pdf).
February 12, 2019: Senators Menendez (D-N.J.), Ranking Member of the Senate Foreign Relations Committee, Chris Murphy (D-Conn.), Ed Markey (D-Mass.), Ben Cardin (D-Md.), Dianne Feinstein (D-Ca.) in introduced the Stopping the Traffic in Overseas Proliferation of Ghost Guns Act (status, text), which also prohibits the changes.
February 9, 2019: Norma J. Torres (D-CA) and Eliot L. Engel (D-NY), Chairman of the House Foreign Affairs Committee introduced H.R. 1134, the Prevent Crime and Terrorism Act (status, text), that would prohibit the President from removing any items from the United States Munitions List. Torres and Engel were joined in introducing the bill by original co-sponsors Representatives David N. Cicilline (D-RI), Ted Deutch (D-FL), Robin L. Kelly (D-IL), Alan S. Lowenthal (D-CA), and Jim McGovern (D-MA).
February 4, 2019: Congress was notified of final rules (see "Government," below), starting a 30-day review clock after which final rules could be officially published.
2018
July 9, 2018: Comment period closes.
May 24, 2018: Changes are published in the Federal Register on May 24 - Commerce version, State Department version).
May 14, 2018: Changes are first released for public comment.
Jan 10, 2018: Rep. Norma J. Torres (D-CA) introduced H.R. 4765, the Prevent Crime and Terrorism Act of 2018. Rep. Eliot L. Engel (D-NY), the Ranking Member of the House Foreign Affairs Committee, is an original co-sponsor of the bill, along with Rep. James P. McGovern (D-MA), Rep. Jamie Raskin (D-MD), and Rep. Tulsi Gabbard (D-HI). According to Torres' press release, if the measure were to become law it would maintain current regulations governing the exportation of firearms, flame throwers, grenade launchers, and other military equipment.
September 15, 2017: Senators Cardin, Feinstein and Leahy sent a letter to Secretary of State Rex Tillerson expressing concerns about the possible transfer to Commerce control, and arguing that the effort should not proceed without Congressional input. Similar point were made by Senators at a Sept 26 hearing. After the DTAG meeting, some of the media to first cover the topic included the National Law Review blog (Sept 14), Reuters (Sept 19) and the Washington Post via a Josh Rogin op-ed (Sept 24).
September 8, 2017: The Defense Trade Advisory Group (DTAG) discussed the transfer of US Munitions List (USML) categories I-III to the Commerce Control List (CCL) in 2018. Categories I to III cover firearms, close assault weapons and combat shotguns (I), guns and armaments (II), and their ammunition/ordnance (III).
Resources (2019-2020 primarily)
On January 17, 2020 the Federal Register put online final rules (Commerce, State), that were officially published on January 23, to be effective March 9, 2020.
On January 20, a multi-state attorneys general effort to challenge the changes was announced (see case, and related amicus brief [Brady], government response and brief [NSSF]). Oral arguments occurred on Feb. 28 on a possible injunction. On March 6, a temporary injunction limited to the transfer of 3D printing plans to Commerce was issued. The remainder of the rules were implemented, starting March 9.
On March 4, more than 20 organizations sent a letter to Congress opposing the policy.
In July 2020, Rep. Norma Torres introduced an amendment to the National Defense Authorization Act requiring Congressional notification be retained on firearms moved over to Commerce and 45 organizations sent a letter to Congress supporting efforts to do so. The amendment was not ruled in order.
Responses/updates include:
June 2020
Congress
On January 20, a multi-state attorneys general effort to challenge the changes was announced (see case, and related amicus brief [Brady], government response and brief [NSSF]). Oral arguments occurred on Feb. 28 on a possible injunction. On March 6, a temporary injunction limited to the transfer of 3D printing plans to Commerce was issued. The remainder of the rules were implemented, starting March 9.
On March 4, more than 20 organizations sent a letter to Congress opposing the policy.
In July 2020, Rep. Norma Torres introduced an amendment to the National Defense Authorization Act requiring Congressional notification be retained on firearms moved over to Commerce and 45 organizations sent a letter to Congress supporting efforts to do so. The amendment was not ruled in order.
Responses/updates include:
June 2020
- "The Firearm Sales Lawmakers Would Have Missed in 2019," Issue brief, Security Assistance Monitor, June 4, 2020.
- "Giffords Condemns New Regulation Eroding the Oversight of Firearm Exports," Giffords, press release, March 10, 2020.
- Washington State Office of the Attorney General, press release; and Connecticut Office of the Attorney General, press release, March 9, 2020
Congress
- "Menendez Blasts Trump Admin for Loosening Export Controls on Semi-Automatic Arms and Sniper Rifles for Export," press release, Jan. 17, 2020.
- "Rep. Torres: Trump Move to Slacken Firearm Sale Regs helps Terrorists at America’s Expense," press release, Jan. 27, 2020
- "AG Ferguson Will Lead Multistate Lawsuit Over New Trump Administration Effort to Allow Release of 3-D Printed Guns," press release, Washington State Office of the Attorney General, Jan. 20, 2020.
- "Connecticut to Join Lawsuit to Prevent Release of 3D-Printed Gun Files," press release, Connecticut Office of the Attorney General, Jan. 22, 2020. Text of lawsuit (pdf), January 23, 2020.
- "Trump Proposal Would Weaken Controls on the Export of Dangerous Firearms," press release, Arms Control Association, Jan. 17, 2020
- "Giffords Denounces New Trump Administration Regulation Eroding the Oversight of Firearm Exports" press release, Giffords, Jan. 23, 2020
- "STATEMENT: By Weakening Firearm Export Oversight, Trump Sides With Gun Industry Over American People," press release, Center for American Progress, Jan. 23, 2020.
- "Brady Condemns Trump Administration for Loosening Restrictions on Arms Exports," press release, Brady, Jan. 23, 2020.
- "Newtown Action Alliance Applauds Attorneys General Lawsuit to Stop Trump Administration’s Efforts to Proliferate 3D Gun Files" press release, Newtown Action Alliance, Jan 23, 2020
- "New Arms Exports Rule Will Spread US Gun Violence Beyond Borders," Adotei Akwei, Amnesty USA, The Globe Post, January 28, 2020
Susan Waltz Professor, Gerald R. Ford School of Public Policy, University of Michigan - January 23, 2020
This is a terrible decision. It removes lethal weapons like the AR 15 and Glock pistols from the military control list, and it shuts Congress out of a conversation about which foreign governments and other clients abroad should be able to receive or purchase these American weapons. Over the span of a decade-long export reform initiative, this is the only instance where lethal weapons have been recategorized as commercial products. At the very time we should be restricting access to military-style firearms, the new regulations aim to normalize them and boost sales.
Civil Society
US Government
Congress
Media
- 100+ organizations send letter to Congress opposing change - May 14, 2019
- Factsheet addressing key myths - August 2019
- "Loosening Firearms Exports Will Tear at a Larger Arms-Control Fabric," Susan Waltz, Defense One, November 25, 2019.
- "Trump administration's dangerous plan to make it easier to export assault weapons," CNN, November 18, 2019, and "Democrats Should Debate Arms Policy, Not Just Impeachment," Defense One, November 18, 2019 -- both by Jeff Abramson.
- "Stemming the guns of massacre in Mexico," John Lindsay-Poland and Dee Rowland, Salt Lake Tribune, November 16, 2019.
- "Giffords Condemns Trump Administration Proposal to Deregulate the Oversight of Firearm Exports," press release, Giffords, November 13, 2019.
- "Restore controls over dangerous gun exports," William Hartung, The Hill, September 10, 2019
- "Implications of Proposed Changes to Firearms Export Regulations," Susan Waltz, February 25, 2019.
- "Congress should block rule changes for firearm exports," Jeff Abramson, The Hill, Feb.20, 2019.
- "Trump's new gun export rules could aid terrorists, tyrants and criminals," William Hartung, CNN, Feb. 14. 2019.
- Congress Has Opportunity to Halt Dangerous Firearms Export Changes, statement by Jeff Abramson, Arms Control Association, Feb. 8, 2019
- "Brady Calls on Congress to Block Firearms Exports Rules," Brady Campaign to Prevent Gun Violence, Feb. 8, 2019
- "Proposed Firearms Export Changes: Key Challenges for U.S. Oversight," (see also attached 14 page document), Center for International Policy, William Hartung, Colby Goodman, Christina Arabia
- Comments of the Brady Center and Brady Campaign to Prevent Gun Violence (pdf)
- Comments by Giffords and Giffords Law Center (pdf)
- Comments by Susan Waltz, Professor of Public Policy, University of Michigan (pdf)
- Arguments against retail availability criterion (pdf), public comment by John Lindsay-Poland, Global Exchange
- "Examples of Firearms Transferred to Commerce Under New Export Rules (pdf)," Violence Policy Center, contact Kristen Rand
- "Business with A Bang:How the Proposal to Loosen Arms Export Regulations Threatens Human Rights," Nate Smith, Amnesty USA, June 15, 2018 and Public Comment 41 from Adotei Akwei (pdf)
- "Trump's arms export rules will undermine US security and risk human rights abuses," William Hartung, The Hill, July 15, 2018.
- “Trump Favors Arms Industry in Effort to Loosen Export Controls,” Jeff Abramson, Issue Brief, Arms Control Association, June 7, 2018.
- “The Trump administration wants to make it easier to sell U.S. guns abroad. Here’s what you need to know,” Susan Waltz, The Washington Post, June 4, 2018.
- “Firearm Export Rule Change Draws Criticism,” Jeff Abramson, Issue Brief, Arms Control Today, June 2018
- “Giffords denounces Trump Administration for loosening restrictions on the export of firearms, making them more likely to fall into the hands of dictators and terrorists,” Robin Lloyd, Press Release, Giffords, May 15, 2018.
- “Arms Transfer Initiative Would Help U.S. Gun Industry Market its Militarized Firearms Globally,” John Lindsay-Poland and Kristen Rand, Press Release, Violence Policy Center, May 15, 2018. [in Spanish]
- "White Paper: Proposals to Relax Export Controls for Significant Military Equipment," American Bar Association (ABA) Center for Human Rights, Jan. 14, 2013.
- [archive] Calls for public comment by various organizations: Giffords,Violence Policy Center, Stop US Arms to Mexico, One Pulse for America
US Government
- Final rules - actually published on January 23, 2020
- then-Final rules (obtained in November 2019 by the Forum on the Arms Trade)
- State Department rules
- Commerce Department rules
- then-Final rules (obtained in February 2019 by the Forum on the Arms Trade)
- 2 page explainer of what remains under State control and what moves to Commerce
- Summary of revisions
- Line-in-line-out comparison
- State Department rules
- Commerce Department rules
- "EXPORT CONTROLS: State and Commerce Should Share Watch List Information If Proposed Rules to Transfer Firearms Are Finalized," Government Accountability Office, GAO-19307, March 1, 2019.
- Public comments published by State Department (pdf) - uploaded to DDTC website on July 25, 2018
- Copy of proposed rule registered for public comment on Federal Register (May 24, 2018). See also State Dept and Commerce versions released May 14.
- Submit comments on the proposed changes to CCL (BIS): Control of Firearms, Guns, Ammunition and Related Articles the President Determines No Longer Warrant Control Under the United States Munitions List (USML)
- Submit comments on the proposed changes to ITAR: Amendment to the International Traffic in Arms Regulations: Revision of U.S. Munitions List Categories I, II, and III
- State Department Factsheet, May 24
- International Traffic in Arms Regulations (ITAR) - includes USML list - State Department
Congress
- "Menendez to Block Trump Admin from Exporting U.S. Firearms with less Oversight and Accountability", press release, December 13, 2019; letter to Secretary of State Pompeo, December 10, 2019.
- "Rep. Bera statement on Administration moving oversight of commercial firearm exports," (link), press release, November 12, 2019.
- House Foreign Affairs Subcommittee on Oversight and Investigations, "Proposed Small Arms Transfers: Big Implications for U.S. Foreign Policy" (link), March 26, 2019.
- "Menendez Announces Hold on Trump Admin’s Proposed Move to Weaken Regulatory Control over U.S. Guns Sales Abroad," (pdf) press release, Feb. 26, 2019.
- Stopping the Traffic in Overseas Proliferation of Ghost Guns Act (bill number pending, text). Press release, "Menendez, Colleagues Introduce Bill to Block Trump Admin Push to Allow Unfettered Proliferation of Untraceable, 3D Printable Guns, Weaken Controls over Foreign Arms Sales," Feb 12, 2019.
- Prevent Crime and Terrorism Act of 2019 (H.R. 1134, text); Press release, "Torres, Engel Introduce Bill to Block Trump Administration Proposal to Deregulate Firearm Exports," Feb 8; " Torres, Engel Statement on Trump Administration Firearms Export Rule Change," Feb 1, 2019.
- Letter of deep concern and urged postponement, Representatives Sander Levin (D-MI), Eliot Engel (D-NY), James P. McGovern (D-MA), Norma J. Torres (D-CA), Jamie Raskin (D-MD), July 5, 2018.
- “Cardin Again Warns Trump Administration Against Transfer of Small Arms Export Oversight from State to Commerce Depts,” Press Release, May 15, 2018.
Media
- "Trump’s dangerous move to hasten gun exports," editorial board, Boston Globe, January 12, 2020.
- "Don't Ease Gun Exports Rules," editorial board, Bloomberg, April 17, 2019.
- "SIG Sauer, Already The Largest U.S. Firearms Exporter, Could Grow Bigger With Rule Change," Todd Bookman, New Hampshire Public Radio, April 3, 2019.
- "Trump is Sending Guns South as Migrants Flee North," Alex Yablon, Foreign Policy, March 8, 2019
- "House Democrats press to stop gun export rule change," Rachel Oswald, Roll Call, March 7, 2019
- "Exporting American's gun problem? The proposed rule that has monitors up in arms," Dania Akkad, Middle East Eye, March 5, 2019.
- "U.S. Firearms Export Changes Meet Challenges," Jeff Abramson, Arms Control Today, March 2019.
- "Shift in Small-Arms Export Approvals Opposed by a Top Democrat," Anthony Capaccio, Bloomberg, Feb. 26, 2019.
- "Trump Administration Eases Regulations on Gun Exports, Raising Concerns," Nicholas Fandos, New York Times, January 31, 2019.
Expert Commentary
The following Forum on the Arms Trade-listed experts* may be quoted as below:
John Lindsay-Poland Coordinator, Project to Stop US Arms to Mexico - December 10, 2019
“With Congressional conferees' failure to retain the House provision to control assault weapons exports, countries suffering from human rights atrocities, organized crime, terrorism, and other violence will likely get even more deadly weaponry, with fewer controls on who uses it. In Mexico, military-grade weapons are more likely to go to police and military forces colluding with organized crime, and Congress and the public will never receive notification of these sales. Senator Menendez should request a hold on this destructive rule change, and presidential candidates should pledge to reverse its implementation.”
“With Congressional conferees' failure to retain the House provision to control assault weapons exports, countries suffering from human rights atrocities, organized crime, terrorism, and other violence will likely get even more deadly weaponry, with fewer controls on who uses it. In Mexico, military-grade weapons are more likely to go to police and military forces colluding with organized crime, and Congress and the public will never receive notification of these sales. Senator Menendez should request a hold on this destructive rule change, and presidential candidates should pledge to reverse its implementation.”
Jeff Abramson Senior Fellow, Arms Control Association - December 9, 2019
"In this year’s National Defense Authorization Act, Congress has failed to stand up for itself and our security by dropping a House-approved amendment that would prohibit dangerous firearms export changes. In allowing the administration to move export authority for semi-automatic firearms and their ammunition to the Commerce Department, Congress will deprive itself of notifications it has received for decades and lose the ability to provide meaningful oversight. Worse, the changes risk making the world a more dangerous place as these weapons are often used to exacerbate conflict and human suffering, and will likely now be easier to export.
In the coming day or two, Congressional leaders could still request a hold, as was done earlier this year. A next president could also reverse the changes that are set to be published later this week, as at least two candidates have pledged to do. Such actions or pledges now merit urgent attention."
"In this year’s National Defense Authorization Act, Congress has failed to stand up for itself and our security by dropping a House-approved amendment that would prohibit dangerous firearms export changes. In allowing the administration to move export authority for semi-automatic firearms and their ammunition to the Commerce Department, Congress will deprive itself of notifications it has received for decades and lose the ability to provide meaningful oversight. Worse, the changes risk making the world a more dangerous place as these weapons are often used to exacerbate conflict and human suffering, and will likely now be easier to export.
In the coming day or two, Congressional leaders could still request a hold, as was done earlier this year. A next president could also reverse the changes that are set to be published later this week, as at least two candidates have pledged to do. Such actions or pledges now merit urgent attention."
John Lindsay-Poland Coordinator, Project to Stop US Arms to Mexico - November 7, 2019
“Recent events in Mexico, where U.S.-sourced assault weapons and associated ammunition have been used in multiple massacres, including the killling of six children and three women on Monday, show how critically important it is to keep Congressional and State Department oversight of weapons exports.”
See also "Stemming the guns of massacre in Mexico," Salt Lake Tribune, November 16, 2019.
“Recent events in Mexico, where U.S.-sourced assault weapons and associated ammunition have been used in multiple massacres, including the killling of six children and three women on Monday, show how critically important it is to keep Congressional and State Department oversight of weapons exports.”
See also "Stemming the guns of massacre in Mexico," Salt Lake Tribune, November 16, 2019.
Jeff Abramson Senior Fellow, Arms Control Association see press release - November 7, 2019
"We need to maintain tight export controls on the types of military-style weapons that are often misused to commit human rights abuses and that perpetuate violent conflicts that hurt vulnerable civilian populations. The Trump administration’s plan to remove military-style weapons from the State Department’s review and Congressional notification processes is bad policy. The proposed change in policy makes it easier to sell U.S. weapons abroad and might help the bottom line of a few gun makers, but it threatens to undermine long-term global security and decades of more responsible U.S. arms transfer policy."
"We need to maintain tight export controls on the types of military-style weapons that are often misused to commit human rights abuses and that perpetuate violent conflicts that hurt vulnerable civilian populations. The Trump administration’s plan to remove military-style weapons from the State Department’s review and Congressional notification processes is bad policy. The proposed change in policy makes it easier to sell U.S. weapons abroad and might help the bottom line of a few gun makers, but it threatens to undermine long-term global security and decades of more responsible U.S. arms transfer policy."
John Lindsay-Poland Coordinator, Project to Stop US Arms to Mexico - July 11, 2019
“House Democrats took an important step today to stop the ramping up of deadly gun exports globally to human rights abusers, corrupt security forces, and criminal groups. These exports are used in many murders and armed conflicts and should never be about just the money and the jobs.”
“House Democrats took an important step today to stop the ramping up of deadly gun exports globally to human rights abusers, corrupt security forces, and criminal groups. These exports are used in many murders and armed conflicts and should never be about just the money and the jobs.”
Jeff Abramson Senior Fellow, Arms Control Association - July 11, 2019
"Inclusion of this amendment within the NDAA is an important step by this Congress. It challenges the mistaken claims that firearms do not merit tight control because they are neither high-tech nor provide unique military advantages. In reality, these are some of the weapons most often used to commit abuses and extend conflict around the world. These weapons merit our highest scrutiny, not an easier path for sale and one without Congressional oversight."
"Inclusion of this amendment within the NDAA is an important step by this Congress. It challenges the mistaken claims that firearms do not merit tight control because they are neither high-tech nor provide unique military advantages. In reality, these are some of the weapons most often used to commit abuses and extend conflict around the world. These weapons merit our highest scrutiny, not an easier path for sale and one without Congressional oversight."
Colby Goodman independent expert - July 11, 2019
"When AK-47s and Beretta sniper rifles are for sale in your neighborhood, it is easy to think that these firearms are predominately used for sport shooting. The reality is that these weapons are regularly used by military and insurgent forces around the world and can provide these forces with critical military advantages over adversaries. The House of Representatives recognized these key realities today and took an important step to maintain critical controls on the export of these firearms."
"When AK-47s and Beretta sniper rifles are for sale in your neighborhood, it is easy to think that these firearms are predominately used for sport shooting. The reality is that these weapons are regularly used by military and insurgent forces around the world and can provide these forces with critical military advantages over adversaries. The House of Representatives recognized these key realities today and took an important step to maintain critical controls on the export of these firearms."
2018
John Lindsay-Poland Coordinator, Project to Stop US Arms to Mexico - May 15, 2018
"U.S. firearms exported to Mexican police have been used in massacres and forced disappearances. We need international background checks to prevent gun exports to military and private groups that use them to commit violence or collude with organized crime.” See full statement in English and Spanish.
Jeff Abramson Senior Fellow, Arms Control Association - May 23, 2018
"At the core of these proposed changes is the mistaken belief that firearms do not merit tighter control because they are neither high-tech nor provide unique military advantages. In reality, these are some of the weapons most often used to commit abuses and extend conflict around the world. As such they deserve our highest scrutiny, not an easier path for sale and one without Congressional oversight. The policy continues the wrong-minded approach of the Trump administration to treat weapons as any other trade commodity, threatening to undermine long-term global security and true U.S. national security interests."
"The Trump administration's decision to relax regulations on the export of firearms will make it easier for terrorists, tyrants and criminal gangs to get their hands on the same dangerous firearms that have been used in mass shootings in the United States. This is a victory for the NRA and the gun industry and a loss for everyone else. Relaxing regulations on many firearms by putting them under the jurisdiction of the Commerce Department rather the the Department of State will make it harder to track where these weapons end up, and therefore easier for them to be diverted into the wrong hands. To make matters worse, Congress would no longer even be notified of major firearms exports, making it harder to do things like limit sales to the police in the Philippines who have been involved in assassinations of their own citizens -- as Sen. Ben Cardin, who blocked such sales in the past, has noted."
* Inclusion on the Forum on the Arms Trade expert list does not indicate agreement with or endorsement of the opinions of others. Please contact experts directly for further comments.
The following experts are not listed by the Forum on the Arms Trade but may be quoted and contacted directly.
The following experts are not listed by the Forum on the Arms Trade but may be quoted and contacted directly.
Kristen Rand Legislative Director, Violence Policy Center - May 15, 2018
“Sound policy would not make it easier for U.S. gun manufacturers who made the assault weapons used in the mass shootings at Sandy Hook, Pulse nightclub, Las Vegas, and Parkland to sell them to international buyers.” See full statement in English and Spanish.
Susan Waltz Professor, Gerald R. Ford School of Public Policy, University of Michigan - May 23, 2018
"If you are in favor of streamlining US commercial firearms exports, reducing costs for manufacturers and brokers, and generally expanding the global market for semi-automatic guns and rifles--this is great policy. If on the other hand, you’re concerned about US taxpayer subsidies to the arms industry and global proliferation of small arms and light weapons, these proposed regulatory changes should set off alarm bells. Though virtually all firearms exports will continue to require licensing and sales to many countries will remain prohibited, the proposed changes have been categorized as a “significant regulatory action” for good reason. The regulatory reclassification of semi-automatic firearms will make life easier for unscrupulous brokers and decrease the scrutiny that helps prevent retransfer of exported weapons into unintended hands. But the impact isn’t limited to the export market. Unless Congress intervenes, the new rule will also facilitate home production of 3D-printed guns, and eventually AR15s … anywhere in the world. Even as many states are considering ways to clamp down on access to these weapons, the federal government is taking us in dangerous new directions."
Archived Resources (2017 and partial 2018)
Civil Society
US Government
Congress
- Preliminary Analysis: Expected Proposed Changes to Firearm Export Controls, September 3, 2017.
- "Five dangers of giving the Commerce Department oversight of firearms exports [commentary]," Colby Goodman and Rachel Stohl, DefenseNews, Sept 25, 2017.
- "Transfer of Firearms, Ammunition, and Artillery on U.S. Control Lists Raises Proliferation, Terrorism Concerns," Institute for Science and International Security, Sept 25;.and "U.S. Export Control Reform: Impacts and Implications for Controlling the Export of Proliferation-Sensitive Goods and Technologies," Institute for Science and International Security, May 2017. See page 36.
- "Congress Should Not Cede Oversight on Small Arms Exports," Jeff Abramson, Issue Brief, Arms Control Association, Oct 5, 2017.
- "Key Questions about the U.S. 'Export Control Reform Initiative'," plus factsheet, Colby Goodman, Security Assistance Monitor, January 2017.
US Government
- International Traffic in Arms Regulations (ITAR) - includes USML list - State Department
- Defense Trade Advisory Group
Congress
- Prevent Crime and Terrorism Act of 2018 - introduced Jan 10, 2018
- Questioning during Senate Foreign Relations hearing on "Managing Security Assistance to Support Foreign Policy," Sept 26, see video, from 1:37:28-1:44:15
- Letter to Secretary Tillerson from Senators Cardin, Feinstein and Leahy - September 15, 2017
Media
2018
- "Public voices opposition to foreign gun sale proposal", Sarah Roach, CTPost, July 2, 2018, also "NSSF stand by foreign gun sale proposal," July 6.
- "Trump wants to make foreign arms sales easier," Annie Linskey, Boston Globe, June 23, 2018.
- “Trump administration's proposed easing of gun export rules may make 3-D-printed weapons readily available,” Denis Slattery, Daily News, June 5, 2018.
- “U.S. gun industry wants a bigger piece of the world’s arms trade,” Sarah Okeson, Salon, June 1, 2018.
- “A Bid to Increase Gun Exports, Stalled After Sandy Hook, Moves Ahead,” Tiffany Hsu and John Ismay, The New York Times, May 23, 2018.
- “Trump rule change opens door for more gun exports,” Dan Freedman, CTPost, May 19, 2018.
- “Trump Administration Advances Plan to Relax Gun-Export Rules,” Alex Yablon, The Trace, May 15, 2018.
- “Selling guns abroad could get easier, thanks to the Trump administration,” Aaron Mehta, Defense News, May 15, 2018.
- “US Easing of Gun Export Controls Could Send New Wave of Arms to LatAm,” Parker Asmann, Insight Crime, May 15, 2018.
- “Trump administration releases plan to shift gun export approvals,” Lydia Wheeler, The Hill, May 15, 2018.
- “Trump move would make it easier for U.S. gun manufacturers to export firearms,” Guy Taylor, The Washington Times, May 14, 2018.
- "Trump Aiming to Toss Ailing Gunmakers a Lifeline Worth Millions," Michael Tracey, TYT, April 30, 2018.
- "Gunmakers, with sales slumping at home, ready for eased export rules," Kevin G. Hall, McClatchy, April 17, 2018.
- "U.S. May Ease Arms Export Rules," Arms Control Today, March 2018
- "Trump to Speed Up U.S. Arms Sales by Reducing Oversight, Sources Say," Paul D. Shinkman, US News and World Report, Feb 5, 2018.
- "Planned shift on gun exports kicks up storm," Lydia Wheeler, The Hill, Jan 11, 2018.
- "Lawmakers worry about US move on arms exports," Gant News (a CNN News Affiliate), Oct. 6, 2017.
- "Commentary: Trump’s ‘business-friendly’ gun plan will worsen global conflicts," Daniel R. DePretis, Reuters, Oct 5, 2017.
- "'They Don't Care Who the Guns Go To': Experts Warn Trump Admin. Plans to Widen U.S. Weapons Exports," Democracy Now, Oct. 3, 2017 - see video below
- "Trump will fuel war across world by increasing global arms sales," John Haltiwanger, Newsweek, September 30, 2017.
- "Report: Trump's plan to ease gun export regulations could help terrorists," Brian Seay, Guns.com, September 29, 2017.
- "Trump to unleash more global arms sales," Bryan Bender and Tara Palmeri, Politico, Sept. 29, 2017.
- "Trump may open up exports of American guns," Aaron Smith, CNNMoney, Sept 27, 2017.
- "US lawmakers balk at arms sales to Saudi Arabia, Turkey and Nigeria,"Joe Gould, Defense News, Sept. 26, 2017.
- "New Trump rules could put American guns in the hands of dictators, terrorists and gangs," Josh Rogin, Washington Post, Sept 24, 2017.
Additional resources
- "White Paper: Proposal to Relax Export Controls for Significant Military Equipment," ABA Human Rights Center, January 2013
- "Export Control Reform Arrives (Soon?) For Small Arms," Clif Burns, Export Law Blog, Sept 22, 2017.